Bills Regarding Crimes Against Pregnant Women, UCC Article 9 Security Interests, and Valuations of Real Property Signed
On June 5, 2013, Governor Hickenlooper signed 52 bills, the final bills of the 2013 legislative session. Any bills as yet not signed or vetoed by the governor 30 days after the last day of the legislative session, May 8, 2013, will become law.
Colorado Anti-Discrimination Act Now Provides Remedies in Employment Discrimination Cases
In 2013, the Colorado General Assembly enacted remedies for the employment discrimination provisions of the Colorado Anti-Discrimination Act (CADA) that have been part of Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) for decades.
Morphic Fields and Change (Part 5): Creative Destruction
Picasso said, “Every act of creation is first of all an act of destruction.” Anybody who’s tried to do something new knows what he was talking about. New exists only when old steps aside – or, to put it in “morphic field” terms, change only happens when an existing morphic field dissolves and reforms into a new one. Our bodies and brains prefer status quo, and change will eventually give them the new equilibrium they’re looking for, but first there’s destruction of the old equilibrium and a resulting period of chaos before a new one is reached.
Tenth Circuit: Criminal Justice Act Provides Counsel Necessary for an Adequate Defense, Not an Unlimited Defense
The Tenth Circuit Court of Appeals published its opinion in United States v. Clark on Tuesday, June 18, 2013.
Job Search & Career Transition
Morphic Fields and Change (Part 5): Creative Destruction
Picasso said, “Every act of creation is first of all an act of destruction.” Anybody who’s tried to do something new knows what he was talking about. New exists only when old steps aside – or, to put it in “morphic field” terms, change only happens when an existing morphic field dissolves and reforms into a new one. Our bodies and brains prefer status quo, and change will eventually give them the new equilibrium they’re looking for, but first there’s destruction of the old equilibrium and a resulting period of chaos before a new one is reached.
Spark the Discussion
Spark the Discussion: Amendment 64 — What a Long, Strange Trip It’s Been
In November of 2012, 55% of Coloradans voted in favor of Amendment 64, making the personal use, possession, and limited home-growing of marijuana legal for adults 21 years of age and older under state law. Additionally, Amendment 64 creates a state-wide system of regulated retail marijuana establishments that can grow, sell, produce, and test marijuana and marijuana products. Under this system, local governments have wide discretion in determining whether and how to regulate marijuana establishments. However, they do not have the power to re-criminalize the limited adult use, possession, and cultivation of marijuana as permitted by the amendment.
Resources
Filing Fees to Change Effective July 1, 2013, Due to Repeal of CJD 12-02
Chief Justice Directive 12-02 was created in January 2012 to temporarily reduce statutory filing fees. The Colorado State Judicial Branch announced that effective July 1, 2013, that Chief Justice Directive will be repealed, which means that filing fees will increase.
State Judicial Revises Fee Payment Request Form, Guide to Determining Indigency, and Forms to Discontinue Sex Offender Registration
The Colorado State Judicial Branch issued updates to six of their Judicial Department Forms (JDF). These updates include changes to the Guide to Determining Indigency, the Request and Authorization for Payment of Fees, a Notice to Subpoena Recipients, and forms to discontinue sex offender registration for non-Colorado convictions.
Colorado Judicial Ethics Advisory Board Opinions 2013-01 and 2013-02 Released
The Colorado Judicial Ethics Advisory Board released two new opinions in late March 2013. The Colorado Judicial Ethics Advisory Board (C.J.E.A.B.) is a supreme court committee comprised of judges and non-judges who offer practical advice on ethical issues to members of the judiciary.
Updates
U.S. District Court for the District of Colorado Seeks Attorneys for Civil Case Pro Bono Panel
The United States District Court for the District of Colorado announced formal adoption of a pilot program that creates a panel of attorneys who agree to accept pro bono appointments to represent pro se litigants of limited financial means in civil cases before the court. Common case types include employment discrimination, Social Security disability appeals, prisoner’s rights (§ 1983 or Bivens), civil rights, and consumer rights/credit reporting/foreclosure cases.
Colorado Rules of Civil and County Court Civil Procedure Amended by Supreme Court
On Friday, June 14, 2013, the Colorado Supreme Court issued Rule Change 2013(07), approved and effective June 7, 2013. The rule change enumerates changes to Rules 103 and 121 of the Colorado Rules of Civil Procedure, and Rules 403 and 411 of the Colorado Rules of County Court Civil Procedure.
Justice Nancy Rice Designated Next Colorado Supreme Court Chief Justice; Judge Alan Loeb Will Become Chief Judge of Colorado Court of Appeals
On Thursday, June 6, 2013, the Colorado Supreme Court announced that Justice Nancy Rice will become the next Chief Justice when current Chief Justice Michael Bender retires on January 7, 2014. Chief Justice Bender will be required to retire on January 7, 2014, because it is his 72nd birthday, and under the Colorado Constitution, all state judges and justices must retire by age 72.
Practice Management
Colorado Anti-Discrimination Act Now Provides Remedies in Employment Discrimination Cases
In 2013, the Colorado General Assembly enacted remedies for the employment discrimination provisions of the Colorado Anti-Discrimination Act (CADA) that have been part of Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) for decades.
May is Elder Law Month – a Message for Solo and Small Firm Types to Do Basic Succession Planning for Their Law Practices
In 2013, the National Academy of Elder Law Attorneys has a calendar brimming full of Elder Law Month activities in several states. Our bar’s “signature event” for seniors is Senior Law Day and this year’s program is scheduled for July 27, 2013, once again at the Denver Merchandise Mart. So if folks are feeling left out in Colorado, I urge my fellow solo and small firm attorney types to . . . make it a durable Power of Attorney day!?
Community
Volunteers Urgently Needed to Assist Black Forest Fire Victims
The El Paso County Bar Association, in an effort to help victims of the destructive Black Forest Fire, will offer a special Ask-a-Lawyer on Wednesday, June 19, 2013, from 2 pm to 6 pm. The Ask-a-Lawyer is open to victims of the fire or others affected by the fire. The El Paso County Bar Association [...]
Legislation
Bills Regarding Crimes Against Pregnant Women, UCC Article 9 Security Interests, and Valuations of Real Property Signed
On June 5, 2013, Governor Hickenlooper signed 52 bills, the final bills of the 2013 legislative session. Any bills as yet not signed or vetoed by the governor 30 days after the last day of the legislative session, May 8, 2013, will become law.
Colorado Legislative Primer — A Refresher on How a Bill Becomes Law
From time to time I am asked about the legislative process, so I teamed up with Jill and we created a handy one-pager (life at the capitol is driven by the proverbial one-pager) to walk you through how a bill becomes a law.
Criminal Omnibus Bill, Workers’ Compensation IME Bill, and More Signed by Governor
As the final days of the 2013 Legislative Session wind down, Governor Hickenlooper continues to sign bills into law. To date, he has signed over 350 bills over several areas of law.
